Understanding the Distinct Purpose and Meaning of First-Party Insurance
Like all contracts, insurance agreements are drafted and entered into in order to carry forward the intentions of the parties. Because parties negotiate first-party property insurance to protect interests that differ fundamentally from those covered by third-party liability insurance, third-party precedent is of limited — if any — relevance and utility in interpreting first-party insurance agreements.
Case Briefs
Highlights of the latest insurance cases from around the country.
E & O in the New Corporate Environment
Errors and Omissions (E&O) coverage protects policyholders in various professional occupations — such as the legal, medical, architectural, engineering, insurance, and accounting fields — against professional liability claims. This form of insurance, sometimes referred to as professional liability or malpractice insurance, covers economic damages resulting from an error, omission, or negligent act related to the rendering of professional services.
Features
Father's Consent May Not Be Required for Adoption
After reviewing the facts regarding an unwed father's interest and involvement in his child's welfare, a New York family court held that a child care agency had met its burden to prove the father's consent was not needed to the adoption of his out-of-wedlock child.
Letter from the Chairman
This issue of the <i>The Matrimonial Strategist</i> marks the beginning of a new approach to informative, down to earth, practical and instructive articles as a resource and tool in the everyday practice of lawyers in the matrimonial field. Our editorial team plans to focus even more on new trends in the law, innovative legal ideas, and also "minefields" to avoid in representing clients in this highly emotionally charged field of law.
Features
Beyond DNA: Equitable Parentage
Recently, there has been a rise in cases brought by fathers who want to maintain relationships with children who are not their biological offspring. For example, in a recent case, a mother was estopped from claiming her child did not belong to the man who had been his putative father, even though DNA tests indicated that he was not the biological father. This article explores the various approaches attorneys can use to help their clients in these circumstances.
Features
Working Well with Custody Experts
The first two parts of this article addressed issues surrounding pre-trial preparation of an expert, such as financial arrangements and scheduling, trial preparation and direct testimony. The conclusion herein discusses cross-examination and post-trial feedback.
Features
Litigation
Recent rulings of interest to your practice.
Index
An in-depth listing of all the cases discussed in this issue.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" BriberyAlthough the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.Read More ›